UNITED STATES v. WISCHERTH

No. 233.

68 F.2d 161 (1933)

UNITED STATES v. WISCHERTH et al. In re KERNOFF. KERNOFF v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

December 18, 1933.


Attorney(s) appearing for the Case

Thomas E. Dewey, U. S. Atty., of New York City, and David Marcus, and Earle N. Bishopp, Asst. U. S. Attys., both of Brooklyn, N. Y.

M. Michael Edelstein, of New York City, for appellee.

Before MANTON, L. HAND, and SWAN, Circuit Judges.


MANTON, Circuit Judge.

The Fidus II was sighted by the United States Coast Guard, October 9, 1933, coming through the Narrows of New York Harbor. The patrol boat gave chase, but was unable to catch the Fidus II until she docked at the foot of Ninth Street, New York City. There the officer in charge of the patrol boat observed that the vessel was low in the water, apparently carrying a cargo, and he boarded her. He examined the ship's papers and asked permission to...

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